RECITALS

 
WHEREAS, Logicworks is a reseller of products from SpotInst LTD., (the “SpotInst Products”);
 
WHEREAS, Client would like to avail itself of the SpotInst Products pursuant to the SpotInst Terms and Conditions of Service;
 
NOW, THEREFORE, the parties hereto agree as follows:
 

  1. SPOTINST PRODUCTS
    1.  Client shall receive the benefits of Logicworks’ use of the SpotInst Products on Client’s behalf upon approval by SpotInst. Client agrees to the SpotInst – Terms and Conditions of Service at https://spotinst.com/files/spotinst-saas-services-agreement.pdf
    2. Implementation and configuration of the SpotInst Products will be done by Logicworks  
    3. Logicworks will provide first line support for Client.
 
  1. NO WARRANTY/LIMITATION OF LIABILITY

 
LOGICWORKS MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER REGARDING THE SPOTINST PRODUCTS, INCLUDING THAT THE SPOTINST PRODUCTS ARE ERROR-FREE OR THAT ERRORS, INCLUDING BUGS AND VULNERABILITIES, WILL BE CORRECTED. SUCH PRODUCTS AND RELATED SUPPORT SERVICES ARE PROVIDED “AS IS” BY LOGICWORKS.

NOTWITHSTANDING ANYTHING IN THE mAWS TERMS AND CONDITIONS TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF LOGICWORKS TO CLIENT UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO THIS ADDENDUM, THE SPOTINST PRODUCTS, OR ANY ACT OR OMISSION RELATING THERETO, EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO LOGICWORKS FOR SPOTINST PRODUCT.

NOTWITHSTANDING ANYTHING IN THE mAWS TERMS AND CONDITIONS TO THE CONTRARY, IN NO EVENT WILL LOGICWORKS BE LIABLE FOR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS, LOST REVENUES, DAMAGE TO GOODWILL, LOST OPPORTUNITIES OR LOSS OF ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SAME, AND REGARDLESS OF WHETHER THE CLAIMS ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING ANYTHING IN THE mAWS TERMS AND CONDITIONS TO THE CONTRARY, IN NO EVENT WILL LOGICWORKS BE LIABLE FOR UNAUTHORIZED ACCESS (E.G., HACKING OR MALWARE) INTO CLIENT’S TRANSMISSION FACILITIES, PREMISES OR EQUIPMENT, OR FOR UNAUTHORIZED ACCESS TO CLIENT’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, UNLESS THE UNAUTHORIZED ACCESS IS CAUSED BY LOGICWORKS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.